Posted on 11/09/2017 11:00:13 AM PST by simpson96
He was buying a watermelon at Walmart when he fell. Now a jury in Alabama has awarded him more than $7 million.
Henry Walker, a retired Army sergeant, got his foot caught in a wooden pallet as he was getting the watermelon at the Walmart store in Phenix City in July 2015, the Columbus Ledger-Enquirer reported.
Walker fell and broke his foot and hip. The jury awarded him $2.5 million in compensatory damages and $5 million in punitive damages.
“It was a fair verdict because Walmart just didn’t care,” said Charlie Gower, the lead attorney for Walker. “They should have had something to cover up that pallet so someone’s foot couldn’t get caught in it, and they didn’t.”
(Excerpt) Read more at kansas.com ...
“Tort reform....”
Way too generous.
Perhaps 80% of cost of medical treatment, past current and future
+
80% court fees
There needs to be incentives to keep legal and medical costs down for non-injured people.
I may break my own leg due to my own carelessness.
I should not have medical care priced out of my reach by the legal system.
[[Walmart has those electric riding carts ,he should use them]]
He might get his foot caught in the wheel
[[And people wonder why the cost of so many things is so high.]]
I wondered why the cost of watermelons was going up
they are just enjoying the moment unaware that that is not the end of their story.
I don’t think any award should be given unless the pallet was in motion.
Tort means a bad turn.
The customer was the one doing the turning.
The customer shouldn’t have gotten a penny.
LOL...that too.
Really, though. If valid, couldn’t people sue for tripping on clothes racks? Or...anything, really?
Not in all jurisdictions.
“punitive damages”
I never heard of such a thing in my youth.
I grew up in New York State.
I believe it originated in the Southern states.
It still strikes me as an obnoxious concept.
***Phenix City***
The den of sin and iniquity back in the 1950s. Basis for THE PHENIX CITY STORY movie in 1956.
“They should have had something to cover up that pallet”
Then the lawyers would have claimed there was a hidden danger (and rightly so).
Good point...
“If he has weak bones”
It probably because he was and is on a prescription (i.e. inherently dangerous) drug.
People think “prescription” means strong when it actually means inherently dangerous or addictive.
I have been on jury duty and many of the jurors just sit there and do not follow the case, especially if it is somewhat technical.
Not only a jury of peers but there should be a minimum level of competency required. They should at least be able to read and write understand the English language and be able to follow instructions.
Would you give up being able to walk at any price?
Can’t buy good health. It’s you most valuable asset.
Yep.
I was called for jury duty.
Most of the people seemed reasonable.
It was for a tobacco case. I was amazed by the number of potential jurors who were able to kick the habit.
“Would you give up being able to walk at any price?”
It probably was a period of time and not permanently.
The articles in the Wichita and Columbus papers didn’t say how long the injured person was in the hospital or in rehab.
The jury (7 black/5 white folks) took a mere two hours to hand out $7 million.
Walmart shoppers
Retired vet maybe? Ever consider that?
I was on a jury panel and got removed by the prosecutor via one of her allowed challenges. On the way out I rode down in the elevator with another guy she tossed. He asked "why did they throw you out?" We had all gone up to be interviewed by the judge individually and nobody could hear what she or we said. I said "I dunno, maybe that I live next to a cop" He shook his head. "Nah, what do you do for a living?" I said "Engineer". He responded "that's it. I'm a lawyer, I knew there was no chance I would have to serve. They don't want anyone who they think has a brain."
I am sure you have a brain so somehow they screwed up and let you slip by.
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